Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 06-25-2014, 05:56 PM
plainNamedDad44's Avatar
plainNamedDad44 plainNamedDad44 is offline
Senior Member
 
Join Date: Jul 2013
Posts: 925
plainNamedDad44 is on a distinguished road
Default Question: timelines for responding affidavit to a motion

Hi community,

looking at the rules, a party motion has to serve 4 days prior to the motion date.

Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

Doesn't that in effect provide zero time for putting together a responding affidavit ?

What am I missing here ?

As usual thanks.
Reply With Quote
  #2  
Old 06-26-2014, 06:19 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,820
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by plainNamedDad44 View Post
Hi community,

looking at the rules, a party motion has to serve 4 days prior to the motion date.

Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

Doesn't that in effect provide zero time for putting together a responding affidavit ?

What am I missing here ?

As usual thanks.
You are correct the filing times is a bit silly. But, the expectation is that motions are intended for "simpler" matters. If you were just served a truck load of affidavit materials it is going to take a long motion (or viva voce hearing) to deal with the response.

It is generally 2 days prior to a motion that you can file paperwork. Again, the rules are odd and each court house is different.

The reality though is if a judge hearing a regular motion is handed a large set of affidavits they will push it to trial and/or a long motion to deal with.

Good Luck!
Tayken
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Short Motion Timelines, help! CycleDad Divorce & Family Law 4 08-24-2011 03:23 PM
motion vs motion to change question raven70 Divorce & Family Law 3 08-14-2011 11:30 AM
Tips on responding to ex's Motion affidavit jezabelmom Divorce & Family Law 7 11-19-2010 02:21 PM
Does it ever end, do I need an affidavit before Motion frustrated11 Divorce & Family Law 1 05-04-2009 04:19 PM
Appropriate Procedure gooddadgoingmad Divorce & Family Law 4 02-19-2006 02:44 PM


All times are GMT -4. The time now is 06:54 AM.